Law v. Town of Fairfield
Supreme Court of Vermont
Case for injury on a highway. Plea, the general issue, and trial by jury, and verdict for the plaintiff, Royce, J., presiding.
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Case for injury on a highway. Plea, the general issue, and trial by jury, and verdict for the plaintiff, Royce, J., presiding. The evidence on the part of the plaintiff tended to show, that the highway, at the place where the accident was claimed to have happened, was insufficient, and out of repair; that there were large and deep holes in it, which were very, .difficult to pass, and were of such a character as to lender it unsafe and dangerous for a person to drive through them on a trot with a horse and wagon, and that considerable care was necessary in going through them with a team on a…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. The only pretended evidence that Carey was driving the team at the time of the accident, was that of some witness for the defendant, who testified that within a few days of the trial, Carey had admitted he-was driving. Carey was not a party to the suit. Hence, this admission, if made by him, could not be received or considered as evidence in chief, to establish the fact that he was driving. He had been improved as a witness for the plaintiff, but whether he had denied, while testifying, that he was driving at the time the accident occurred,…
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